Stephens v. Koch

This suit was instituted by the plaintiff, Herbert Koch, to recover damages which allegedly occurred when his car was struck from the rear by car driven by the defendant, Cynthia Stephens. Shortly after the accident, the plaintiff complained of stomach and leg pains. A doctor’s examination revealed that the plaintiff had an abdominal aneurysm, and the condition was subsequently corrected by surgery. It was undisputed that *533the plaintiff had developed the aneurysm prior to the accident, and the primary question concerning damages involved apportionment between the preexisting condition and that…